You can file for divorce on grounds of mental cruelty on expiry of one year of marriage
2) you will have to pay wife alimony
3) wife can take plea that you suppressed fact about your hepatitis B before marriage
Matrimonial
I (age 34), got married on 11.07.24. since day 1 after marriage my wife (age 27) kept talking to some other guy over phone without my knowledge. i thought she was talking to her relatives. however after 1 month of marriage, on suspicion i asked her to talk less over phone. to which she replied that i am talking to my relatives and will keep talking to them. On 28.08.24 she left my home following some arguments and started living with her parents. i then managed to get call history of her number. I found out she was talking to some other guy and is in love with him. the other guy was from some other cast so she could not gather courage to tell her parents about him. i showed the call history to her parents which showed that in the two months she lived with me, she called/received called from him almost 550 times and total call duration was almost 76 hours. summary of call details of my wife with other guy Month Number of calls TOTAL call duration(hours) mar-apr 112 17.63 hours BEFORE MARRIAGE apr-may 190 44.40 hours BEFORE MARRIAGE may-jun 153 15.39 hours BEFORE MARRIAGE jun-july 302 64.24 hours BEFORE MARRIAGE july-aug 248 52.00 hours AFTER MARRIAGE aug-sep 298 24.67 hours AFTER MARRIAGE After I produced call history in front of my in-laws she and her parents accepted verbally that she was at fault, and suggested that she should come back to live with me, promising this will not get repeated in future. I also got access to her whatsapp chats, she kept chatting him over whatsapp when i was not around. Also the chats continued even after disclosing call records. in chats i could read that she has promised him that she will abandon me and will live with him as soon as he get settled. my questions are: 1. under such situation what should i do? 2. should i inform about this in written to my police station and take a receiving for the same? 3. if i decide to get separated from her, should i go for divorce or declaring marriage null and void 4. do i have to pay alimony, my wife is not working. 5. I am hepatitis b positive i told my in-laws about this verbally. But now after this call record incident they are raising this issue in conversations with me. and not accepting that i told them about this before. what may be legal implications of this? 5. any other suggestion that may be useful for me.
Asked 3 months ago in Family Law
Religion: Hindu
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6 Answers
1. You cannot file a divorce case within one year from the date of marriage however since i is going to be repeated episode and she may not change herself, you may better file a petition under section 10 of HMA for judicial separation for the same reasons and start living separately.
2. Police will not entertain any complaint in this regard, hence don't waste your time on it.
3. The marriage cannot become null and void for this reason neither you can file a petition for annulment for this reason, you may have to wait for completion of one year of marriage and file a divorce case on the grounds of mental cruelty citing the same as reason for mental cruelty.
4. Since she is your legally wedded wife you are liable to pay maintenance to her, if she files a case seeking maintenance.
5. They may try to avenge you on this count taking advantage of your disease. However a positive result means you have been infected with hepatitis B, but it doesn't specify if you still have the infection, have cleared it, or are immune to reinfection.
1. As per law, extra marital affairs is ground for divorce
- Hence, you can file a divorce petition on this ground , however if she is not interested to live with you , then take her consent for mutual divorce.
2. Police cannot take any legal action against her on this matter.
3. If the marriage is already consummated then you cannot declare the marriage as null and void on the ground of extra marital affairs.
4. A woman having extra marital affairs' cannot claim maintenance from her husband.
5. They can file a petition for declaring the marriage as null and void on the ground of concealing the true facts at the time of marriage.
Hi,
In the following circumstances, as enumerated by you, I would suggest you lodge a police complaint against her and issue a legal notice for the dissolution of the marriage.
Regards,
Niteish Agarwal
1. If she accepts her guilt and is ready to mend her ways then accept her.
2. If reconciliation fails then you can think of doing so.
3. To stay separately no permission or decree of court is necessary.
4. Yes @ 1/4th of your income.
5. They may file case u/s 498A IPC.
6. Settle the dispute amicably by way of mutual divorce .
Dear Sir my answers are as follows:
- under such situation what should i do?
Ans: You have to immediately file a divorce case for a annulment of marriage which is allowed to be file within one year of marriage on the ground of admitted adultery.
- should i inform about this in written to my police station and take a receiving for the same?
Ans: It being family matter police may not entertain your complaint and may advice to approach family court for getting annulment of marriage.
- if i decide to get separated from her, should i go for divorce or declaring marriage null and void
Ans: Yes
- do i have to pay alimony, my wife is not working.
Ans: Normally, No
- I am hepatitis b positive i told my in-laws about this verbally. But now after this call record incident they are raising this issue in conversations with me. and not accepting that i told them about this before. what may be legal implications of this?
Ans: It is a secondary issue, you need not worry about it.
- any other suggestion that may be useful for me.
Ans: Without issuing any notice to your wife, immediately approach the family court.
